Decision to Deny Building Permit Reasonable: MBCA

• Her Majesty the Queen in Right of the Province of Manitoba v. Paterson et al., 2014 MBQB 206 - delay by the Province in ensuring timely notice of an expropriation and in facilitating a land swap favoured by the site owners made it "just and expedient" to defer the date of possession for a year and allow the owners to continue their business and apply to the LVAC.
• Bergamorto v. Mical, 2014 MBQB 202 - Given the irregular pleadings, allegations of undue influence, and concerns regarding inter vivos gifts, the court gave directions under Rule 75.02(5) for a trial of this application to vacate a vexatious caveat and estate dispute.
• The Estate of Mildred B. Robinson, 2014 MBQB 193 - the court declined to order the posting of security of costs by an out-of-province lawyer acting for herself in ongoing litigation concerning her relative's will, but expressed concern about her choice to remain unrepresented given the "hotly contested" nature of the family dispute (all of the litigants are lawyers), her unfamiliarity with Manitoba laws, and the fact that the proceeding had been marred by interactions which, in the court's view, "belie(d) a lawyer's duty of courtesy and good faith." (para. 37)
• Dillabough v. Johnson et al., 2014 MBQB 186 - the court granted an executrix (who was continuing an action commenced by the deceased) leave to read into evidence at trial certain questions and answers from an examination for discovery of the deceased conducted prior to his death. The court found that the requirements of QB Rule 31.11 (7) and (8) had been met and that concerns about hearsay or lack of opportunity to cross-examine could be addressed by the weight accorded the evidence at trial. 

• Remedy for a broken family promise - this Lawyers Weekly article discusses the modern approach to proprietary estoppel and equitable remedies in the context of two family cottage disputes decided by the Ontario Court of Appeal.
   
• A long look at short term rentals - this Lawyers Weekly article looks at how condominium boards are attempting to prevent short term rentals and how new condominium declarations can be better drafted to deal with this issue. It also offers advice to those considering being short term hosts.
   
• Condominium Regulation by Municipalities - this Aikins post discusses changes to The Municipal Act made in anticipation of the coming into force of the new Condominium Act in February of 2015. The changes will allow municipalities to pass by-laws to selectively prohibit the conversion of apartment style buildings into condominium corporations.
   
• Court of Appeal "Expands" Trust Rights under Manitoba Builders' Liens Act - the legal landscape for project lenders, owners and other participants in Manitoba's construction industry has shifted following the decision in Stuart Olson Dominion v. Structal Heavy Steel, 2014 MBCA 8, according to the author of this Aikins blog post, who notes that disposition of lien claims has become more complicated and costly as a result.
   
• Dispute over landscaping repairs results in personal penalties against condo directors and a fascinating governance war story - this Bennett Jones article discusses the Ontario Court of Appeal decision in Boily v. Carleton Condominium Corporation 145, 2014 ONCA 574, which dealt with "the appropriate sanction for a condominium corporation and its well-intentioned, but ultimately contemptuous, board members." The appeal court upheld the lower court's finding that the corporation and board members were in contempt, but replaced the order that the directors pay the landscape restoration costs with an order that they each pay a $7500 fine to the corporation.